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The Year
2000 Computer Problem
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Do you
know a good lawyer?
Lawyers involved in software business and technological disputes will have their
hands full during the next few years. The litigation costs related to the fallout
from problems related to the Y2K computer bug could run up to a trillion dollars.
Some bills have already been floating around the legislature intended to limit the
liability and the amounts that companies will be able to sue computer manufacturers
and software designers for, when their systems collapse in the year 2000. ("The
program I bought didn't come with a year 2000 warning label.") {Maybe this is
similar to one of Mother Nature's "asteriods" used to keep things in balance
by redistributing the wealth back to small businesses (and lawyers) from the pocketbooks
of those high-tech companies who have been boasting about the number of billionaires
that they've created.} These proposed bills would limit non-personal injury cases
to the costs associated to repairing or replacing the systems, rather than letting
it extend to punitive damages or emotional distress. This has a double edge to it.
If the courts ease up on the potential expenses a computer company would have to
be accountable for, it might slow down their incentive to spend excessive amounts
of money to correct what might appear as minor problems, that have limited scope
or consequence. Instead, the company would be inclined to spend their limited resources
on just the major problems they see.
Part of the problem starts when the computer software companies charge you an additional
fee to sell you a "fix" for the programs that you are already using which
may crash. There is a "fine line" that will be decided as to whether Y2K
related software upgrades that need to be purchased to correct these problems (or
glitches) should be given away as part of the "correction" of a defective
program, or as part of the normal upgrades that are usually given away for free,
which is common for the software industry.
Those states or companies who wait too long to leave time for a fix, may find themselves
involved in legal battles with the computer companies. The State of North Carolina's
attorney general has already identified more than $100 million in Year 2000 related
costs to correct the Y2K computer problems facing the state.
Another potentially huge area for concern is all the embedded date logic chips that
are in health care equipment and monitoring devices. If a computer crashes that supports
crucial lifesaving medical equipment, and it causes a fatality, then the hospital,
the doctors, the manufacturers, the chip makers and the software programmers could
all be held liable. This could end up affecting malpractice insurance rates, and
turn the insurance industry, the medical industry as well as the medical biotechnology
computer industry into a huge legal mess. Many older physicians may still be uncomfortable
with some of the newer technology and might stall on addressing this issue. Aside
from the capital requirements that may be required to update the equipment, most
physicians don't know where to start. According to the information technology law
firm of Gordon and Glickson, two thirds of U.S. Hospitals had no real strategy for
dealing with the Y2K problem as of March '98.
In addition, several class action suits could pop up and it could mean trouble for
anyone who supplies computers for industries that rely on dates such as credit card
readers, ATM's, cash registers and small businesses that haven't upgraded. Another
concern is businesses that are in foreign countries who have purchased used equipment
at discounted rates since they aren't being maintained anymore and the manufacturers
chose not to upgrade (years ago).
There are already court cases being thrown around related to these topics and the
year 2000 computer crash hasn't even hit yet. This is just the beginning. You'll
probably be seeing fewer and fewer credit card companies that are willing to risk
that all the card readers out there will accept the year 2000 and therefore, they
have been renewing cards until late in 1999, to be on the safe side.
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